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Gabryelle Daniels v. Texas Department of Family and Protective Services, et al.
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-50965 · judgment February 2, 2026
Questions presented
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Whether a federal court violates the First and Fourteenth Amendments by dismissing a pro se, in forma pauperis civil-rights action at the 28 U.S.C. § 1915(e)(2) screening stage without granting leave to amend, where the dismissal effectively operates with prejudice because refiling would be time-barred.
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Whether sovereign and qualified immunity doctrines may be applied at the § 1915(e)(2) screening stage in a manner that forecloses any merits review of constitutional claims arising from child-removal proceedings.
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Whether due process requires at least one meaningful opportunity to amend before terminating a pro se civil-rights action where pleading deficiencies are potentially curable and dismissal will permanently bar the claims.
Counsel of record
For petitioner
Gabryelle Daniels
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 15 2026Petition DENIED.
- May 27 2026DISTRIBUTED for Conference of 6/11/2026.
- Feb 05 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 11, 2026)